Case: EEOC v. ASTRA U.S.A., INC.

4:98-cv-40014 | U.S. District Court for the District of Massachusetts

Filed Date: Feb. 5, 1998

Closed Date: Aug. 24, 1999

Clearinghouse coding complete

Case Summary

In February 1998, the New York District Office of the EEOC filed this lawsuit against pharmaceutical firm Astra USA Inc. in the U.S. District Court for the District of Massachusetts alleging discrimination on the basis of sex and retaliation in violation of Title VII of the Civil Rights Act of 1964. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from the consent decree, summary and press release that the defendant was accused…

In February 1998, the New York District Office of the EEOC filed this lawsuit against pharmaceutical firm Astra USA Inc. in the U.S. District Court for the District of Massachusetts alleging discrimination on the basis of sex and retaliation in violation of Title VII of the Civil Rights Act of 1964. We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears from the consent decree, summary and press release that the defendant was accused of permitting a sexually hostile work environment and retaliating against parties reporting or objecting to the behavior. Following some discovery, the parties settled the lawsuit in May 2001 through a consent decree.

The two-year decree, containing an agreement not to discriminate or retaliate, required the defendant to: report complaints and make other compliance reports to the EEOC, allow access to an outside consultant for monitoring, follow certain promotion protocols, post and distribute notice of employee rights, provide EEO training to managers, supervisors and sales representatives, and pay $9,850,000 to an unspecified number of only female complainants due to the scope of the complaint.

Summary Authors

Daisy Manning (4/21/2008)

Documents in the Clearinghouse

Document

4:98-cv-40014

Docket

EEOC v. Astra U.S.A., Inc.

May 22, 2001

May 22, 2001

Docket

4:98-cv-40014

"Astra USA Agrees to Provide $10 Million to Victims of Discrimination" [Press Release]

EEOC v. Astra U.S.A., Inc.

No Court

Feb. 5, 1998

Feb. 5, 1998

Press Release

4:98-cv-40014

Consent Decree [and Order]

EEOC v. Astra USA, Inc.

Feb. 5, 1998

Feb. 5, 1998

Order/Opinion

1998 WL 1998

55

4:98-cv-40014

Memorandum & Order

EEOC v. Astra USA, Inc.

May 20, 1999

May 20, 1999

Order/Opinion

1999 WL 1999

4:98-cv-40014

Case Summary

EEOC v. Astra U.S.A., Inc.

No Court

June 4, 2007

June 4, 2007

Press Release

Resources

Docket

Last updated March 23, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

Complaint filed. Case assigned to Judge: Gorton. . Fee Status: wv (cjn) (Entered: 02/05/1998)

Feb. 5, 1998

Feb. 5, 1998

Summons issued for Astra U.S.A., Inc. in 4:98-cv-40014 (cjn) (Entered: 02/05/1998)

Feb. 5, 1998

Feb. 5, 1998

2

Notice of appearance of attorney for Astra U.S.A., Inc. in 4:98-cv-40014 by Richard L. Alfred, Joshua M. Davis, filed. cs. (cjn) (Entered: 02/09/1998)

Feb. 9, 1998

Feb. 9, 1998

3

Judge Nathaniel M. Gorton . Notice of Hearing/conference: set consent decree hearing for 10:00 2/19/98 . cc/cl. (cjn) (Entered: 02/13/1998)

Feb. 13, 1998

Feb. 13, 1998

4

Letter Ronald V. Cole dated: 2/12/98 to: Sir/Madam re: attorney's fees, special master, filed. c/s. (cjn) (Entered: 02/17/1998)

Feb. 17, 1998

Feb. 17, 1998

5

Judge Nathaniel M. Gorton . Clerk's Notes: re: Counsel appear for hearing, re: Consent Decree. Court addresses certain paragraphs contained in Consent Decree for clarification. EEOC estimates approximately 80 individuals as claimants. Discussion re: appointment of Special Master. Counsel agree to have Margaret Shaw as Special Master under Rule 53. Appointment and approval of Consent Decree should be ruled on at the same time as the time starts to run as soon as Consent Decree is approved. Discussion re: Sealing of documents pursuant to Local Rule 7.2. Matter taken under advisement. Court Reporter: C. Dahlstrom (cjn) (Entered: 02/19/1998)

Feb. 19, 1998

Feb. 19, 1998

Proposed Order of Reference to Special Master by Astra U.S.A., Inc. in 4:98-cv-40014 received for filing. c/s. (cjn) (Entered: 02/20/1998)

Feb. 20, 1998

Feb. 20, 1998

6

Judge Nathaniel M. Gorton . Consent judgment/decree entered for EEOC in 4:98-cv-40014 against Astra U.S.A., Inc. in 4:98-cv-40014. cc/cl. (cjn) (Entered: 02/20/1998)

Feb. 20, 1998

Feb. 20, 1998

7

Order of reference to Special Master entered. cc/cl. (cjn) (Entered: 02/23/1998)

Feb. 20, 1998

Feb. 20, 1998

8

Transcript of proceedings for held on proceeding date: 2/19/98 before Judge: Gorton. Court Reporter: C. (cjn) (Entered: 02/23/1998)

Feb. 23, 1998

Feb. 23, 1998

8

Letter by Katherine E. Bissell in 4:98-cv-40014 dated: 9/29/98 to: Hon. Nathaniel M. Gorton re: status of the Claim Fund disttribution filed. (dfs) (Entered: 10/05/1998)

Sept. 30, 1998

Sept. 30, 1998

9

Joint motion by EEOC in 4:98-cv-40014, Astra U.S.A., Inc. in 4:98-cv-40014 for case management conference pursuant to Local Rule 16.3(c) filed, c/s. (dfs) (Entered: 11/04/1998)

Oct. 29, 1998

Oct. 29, 1998

10

Letter by Maria Houpis in 4:98-cv-40014 by David J. Mahoney in 4:98-cv-40014 dated: 11/17/98 to: Judge Gorton re: ntc. of appearance for claimant filed. (dfs) (Entered: 12/01/1998)

Nov. 19, 1998

Nov. 19, 1998

Judge Nathaniel M. Gorton . Endorsed Order entered granting [9-1] joint motion for case management conference pursuant to Local Rule 16.3(c), set Case management conference on 3:30 1/19/99 before Judge Nathaniel M. Gorton . (cc/cl) (mqc) (Entered: 12/02/1998)

Dec. 2, 1998

Dec. 2, 1998

Mail sent to Margaret L. Shaw returned by Post Office because: not deliverable as addressed. (fmr) (Entered: 12/16/1998)

Dec. 15, 1998

Dec. 15, 1998

11

Letter dated: 12/22/98 to: Judge Gorton re: notice of setting a case management conference, filed. (fmr) (Entered: 01/11/1999)

Dec. 28, 1998

Dec. 28, 1998

12

Letter by David J. Mahoney in 4:98-cv-40014 dated: 1/8/99 to: Judge Gorton re: the January 19th case management conference, filed. (fmr) (Entered: 01/13/1999)

Jan. 12, 1999

Jan. 12, 1999

13

Motion by Maria Houpis in 4:98-cv-40014 for David J. Mahoney and Jospeh R. Donahue to appear pro hac vice (fee status: pd fee amt: 100.00 Receipt #: 402635) , filed. (fmr) (Entered: 01/19/1999)

Jan. 19, 1999

Jan. 19, 1999

15

Judge Nathaniel M. Gorton. Clerk's Notes: re: Case Management Conference, set Fairness hearing for 9:00 am on 4/12/99 . Court Reporter: D. Tarrallo. (fmr) (Entered: 01/27/1999)

Jan. 19, 1999

Jan. 19, 1999

16

Declaration of Joseph E. O'Leary re: [13-1] motion for David J. Mahoney and Jospeh R. Donahue to appear pro hac vice (fee status: pd amt: 100.00 Receipt #: 402635) , filed. (dfs) (Entered: 02/03/1999)

Jan. 19, 1999

Jan. 19, 1999

17

Declaration of Joseph R. Donahue re: [13-1] motion for David J. Mahoney and Jospeh R. Donahue to appear pro hac vice (fee status: pd amt: 100.00 Receipt #: 402635) , filed. (dfs) (Entered: 02/03/1999)

Jan. 19, 1999

Jan. 19, 1999

18

Declaration of David J. Mahoney re: [13-1] motion for David J. Mahoney and Jospeh R. Donahue to appear pro hac vice (fee status: pd amt: 100.00 Receipt #: 402635) , filed. (dfs) (Entered: 02/03/1999)

Jan. 19, 1999

Jan. 19, 1999

14

Transcript of proceedings for held on proceeding date: 1/19/99 before Judge: Gorton. Court Reporter: Tarallo & Tarallo. (fmr) (Entered: 01/26/1999)

Jan. 25, 1999

Jan. 25, 1999

Judge Nathaniel M. Gorton. Endorsed Order entered granting [13-1] motion for David J. Mahoney and Jospeh R. Donahue to appear pro hac vice (fee status: pd fee amt: 100.00 Receipt #: 402635). Motion ALLOWED. (cc/cl) (fmr) (Entered: 02/04/1999)

Feb. 3, 1999

Feb. 3, 1999

19

Judge Nathaniel M. Gorton. Notice of Fairness Hearing: set motion filing deadline for 2/16/99 , resp Response to motion set for 3/18/99 , set fairness hearing for 9:00 am on 4/12/99 . (cc/cl) (fmr) (Entered: 02/08/1999)

Feb. 3, 1999

Feb. 3, 1999

20

Letter by David J. Mahoney in 4:98-cv-40014 dated: 1/27/99 to: Judge Gorton (cc) re: an amended report by the Special Master, filed. (fmr) (Entered: 02/08/1999)

Feb. 5, 1999

Feb. 5, 1999

22

Report of Special Master. (fmr) (Entered: 02/16/1999)

Feb. 9, 1999

Feb. 9, 1999

21

Motion by EEOC in 4:98-cv-40014 to adopt the report of the Special Master and memorandum in support thereof , filed. c/s (fmr) (Entered: 02/16/1999)

Feb. 16, 1999

Feb. 16, 1999

23

Letter by Curtis Milliner dated: 2/14/99 to: Clerk of the Court re: his objection to the Special Master's Recommendation, filed. (fmr) (Entered: 02/18/1999)

Feb. 17, 1999

Feb. 17, 1999

25

Letter by Margaret L. Shaw in 4:98-cv-40014 dated: 1/25/99 to: Katherine E. Bissell re: Johnna M. Balona's letter asking her claim be forwared to the judge for reconsideration, filed. (fmr) (Entered: 02/19/1999)

Feb. 19, 1999

Feb. 19, 1999

26

Letter by Cheryl Bondy dated: 2/19/99 to: Clerk of Court re: informing all parties that she objects the Special Masters recommended awards, filed. (fmr) (Entered: 02/23/1999)

Feb. 22, 1999

Feb. 22, 1999

27

Letter from Kelly D. Urlocker dated: 3/25/99 to: Clerk of the Court re: fairness hrg. 4/12/99 filed. (dfs) (Entered: 03/02/1999)

March 2, 1999

March 2, 1999

28

Notice of objection to Special Master Recommendation filed. (dfs) (Entered: 03/08/1999)

March 4, 1999

March 4, 1999

29

Objection to Recommendation of Special Master filed. (dfs) (Entered: 03/08/1999)

March 4, 1999

March 4, 1999

30

Objection to Special Master Recommendation filed. (dfs) (Entered: 03/08/1999)

March 5, 1999

March 5, 1999

31

Response in opposition to Plaintiff's Motion to Adopt the Report of the Special Master and Memorandum in support thereof filed, c/s. (dfs) (Entered: 03/08/1999)

March 5, 1999

March 5, 1999

32

Letter dated: 3/2/99 to: Attn: Special Master re: sexual harrassment filed. (dfs) (Entered: 03/09/1999)

March 5, 1999

March 5, 1999

34

Letter dated: 2/24/99 to: Clerk of Court re: Objection to Special Master's Recommendation filed. (dfs) (Entered: 03/09/1999)

March 8, 1999

March 8, 1999

35

Objection of Chris Richmond re: Special Master's Recommendation filed. (dfs) (Entered: 03/09/1999)

March 8, 1999

March 8, 1999

36

Objection to Motion ot Adopt the Report of the Special Master by Kathleen Ann Anderson in 4:98-cv-40014, David Barouch in 4:98-cv-40014, Jane Coleman in 4:98-cv-40014, Kimberly Cote in 4:98-cv-40014, William M. Dorn in 4:98-cv-40014, Jon Livak in 4:98-cv-40014, Mark Ludwig in 4:98-cv-40014, Eugene Moore in 4:98-cv-40014, Christopher Richmond in 4:98-cv-40014, Jennifer Shore in 4:98-cv-40014, Michael J. Tasos in 4:98-cv-40014, Stephen J. Walton in 4:98-cv-40014 filed. (dfs) (Entered: 03/09/1999)

March 8, 1999

March 8, 1999

37

Claimant Kenneth L. Kendrick's Objection re: Special Master's Recommendation filed. (dfs) (Entered: 03/11/1999)

March 8, 1999

March 8, 1999

33

Letter from Cheryl Bondy dated: 3/7/99 to: Katherine E. Bissell re: sexual harrassment filed. (dfs) (Entered: 03/09/1999)

March 9, 1999

March 9, 1999

38

Response Yvonne B. Stokes-Alex in opposition to plaintiff's motion to adopt the report of the special master, filed. c/s (fmr) (Entered: 03/16/1999)

March 16, 1999

March 16, 1999

39

Reply brief by EEOC in 4:98-cv-40014 in support of [21-1] motion to adopt the report of the Special Master and memorandum in support thereof, filed. c/s (fmr) (Entered: 03/18/1999)

March 18, 1999

March 18, 1999

42

Letter dated: 3/23/99 to: Ms. Bisell re: the denial of Mr. Gryczkowski's claim by the Special Master, filed. (fmr) (Entered: 04/02/1999)

March 30, 1999

March 30, 1999

41

Letter by David J. Mahoney in 4:98-cv-40014 dated: 3/29/99 to: Judge Gorton re: clarify position statement filed on 3/18/99, filed. (fmr) (Entered: 04/02/1999)

March 31, 1999

March 31, 1999

43

Motion by Maria Houpis in 4:98-cv-40014 to adjourn fairness hearing , filed. c/s (fmr) (Entered: 04/07/1999)

April 7, 1999

April 7, 1999

44

Affidavit of David J. Mahoney, re: [43-1] motion to adjourn fairness hearing, filed. c/s (fmr) (Entered: 04/07/1999)

April 7, 1999

April 7, 1999

45

Response by Astra U.S.A., Inc. in 4:98-cv-40014 in opposition to [43-1] motion to adjourn fairness hearing, filed. c/s (fmr) (Entered: 04/09/1999)

April 9, 1999

April 9, 1999

Fairness hearing held. (fmr) (Entered: 04/16/1999)

April 12, 1999

April 12, 1999

47

Judge Nathaniel M. Gorton. Clerk's Notes: re: fairness hearing. Case called. Counsel appear for fairness hearing. Arguments on EEOC's motion to adopt the report of the Special Master heard. Arguments of claimant in opposition to report heard. Matter taken under advisement. Court Reporter: D. Tarallo. (fmr) (Entered: 04/16/1999)

April 12, 1999

April 12, 1999

46

Judge Nathaniel M. Gorton . Order the stipulated claimants shall also include in their request a brief argument in support of their request for such awards. the EEOC shall file its response, if any, not to wxceed seven pages, within 14 days after the filing by the stipulated claimants entered . cc/cl (sad) (Entered: 04/15/1999)

April 14, 1999

April 14, 1999

Mail sent to Margaret Shaw returned by Post Office because: unable to forward. (fmr) (Entered: 04/27/1999)

April 19, 1999

April 19, 1999

48

Transcript of proceedings for held on proceeding date: 4/12/99 before Judge: Gorton. Court Reporter: Tarallo & Tarallo. (fmr) (Entered: 04/27/1999)

April 27, 1999

April 27, 1999

49

Motion by David Barouch in 4:98-cv-40014, Kimberly Cote in 4:98-cv-40014, William M. Dorn in 4:98-cv-40014, Mark Ludwig in 4:98-cv-40014, Jennifer Shore in 4:98-cv-40014, Michael J. Tasos in 4:98-cv-40014, Stephen J. Walton in 4:98-cv-40014 for fees of the stipulated claimants , filed. c/s (fmr) (Entered: 04/28/1999)

April 28, 1999

April 28, 1999

50

Affidavit of John J. Kuzinevich in 4:98-cv-40014, re: [49-1] motion for fees of the stipulated claimants, filed. c/s (fmr) (Entered: 04/28/1999)

April 28, 1999

April 28, 1999

51

Motion by Ronald V. Cole for attorney fees , filed. c/s (fmr) (Entered: 04/28/1999)

April 28, 1999

April 28, 1999

52

Response by Astra U.S.A., Inc. in 4:98-cv-40014 in opposition to [51-1] motion for attorney fees, filed. c/s (fmr) (Entered: 05/10/1999)

May 10, 1999

May 10, 1999

53

Response by EEOC in 4:98-cv-40014 in opposition to [51-1] motion for attorney fees, filed. c/s (fmr) (Entered: 05/12/1999)

May 12, 1999

May 12, 1999

Judge Nathaniel M. Gorton. Endorsed Order entered denying [51-1] motion for attorney fees. "Petition DISMISSED". (cc/cl) (fmr) (Entered: 05/19/1999)

May 17, 1999

May 17, 1999

Judge Nathaniel M. Gorton. Memorandum and Order entered. Allowing [21-1] motion to adopt the report of the Special Master and memorandum in support thereof (See order #55 for entire text - cc/cl). (fmr) (Entered: 05/24/1999)

May 20, 1999

May 20, 1999

55

Judge Nathaniel M. Gorton. Memorandum and Order entered. Allowing [21-1] motion to adopt the report of the Special Master and memorandum in support thereof (See order #55 for entire text - cc/cl). (fmr) (Entered: 05/24/1999)

May 20, 1999

May 20, 1999

Clearinghouse

Terminated document: granting [49-1] motion for fees of the stipulated claimants, denying [43-1] motion to adjourn fairness hearing . (mqc) (Entered: 06/10/1999)

June 10, 1999

June 10, 1999

56

Judge Nathaniel M. Gorton. Judgment entered. "IT IS ORDERED AND ADJUDGED: That the Report of the Special Master is Accepted and Adopted, provided, however, that each Stipulated Claimant shall receive an award equivalent to the amount of attorneys' fees incurred in connection with that Stipulated Claimant's claim to be paid from the interest accruing in the Claim Fund; and the Claim Fund shall be distributed in accordance with the Consent Decree and the Report of the Special Master, as modified by the order dated 5/20/99." (cc/cl) [EOD Date 8/24/99] (fmr) (Entered: 08/24/1999)

Aug. 20, 1999

Aug. 20, 1999

Case closed. (4:96-cv-40133) (fmr) (Entered: 08/24/1999)

Aug. 24, 1999

Aug. 24, 1999

Mail sent to Margaret L. Shaw returned by Post Office because: Not Deliverable as Addressed. (dfs) (Entered: 08/30/1999)

Aug. 30, 1999

Aug. 30, 1999

57

Letter of Richard Bland dated: 9/20/99 to: Judge Gorton re: clarification or order filed. (mqc) (Entered: 10/01/1999)

Sept. 30, 1999

Sept. 30, 1999

58

Motion by David Barouch, Kimberly Cote, William M. Dorn, Mark Ludwig, Jennifer Shore, Michael J. Tasos, Stephen J. Walton for clarification of [55-1] memorandum order of May 20, 1999 , filed. c/s (fmr) (Entered: 12/17/1999)

Dec. 16, 1999

Dec. 16, 1999

59

Memorandum by David Barouch, Kimberly Cote, William M. Dorn, Mark Ludwig, Jennifer Shore, Michael J. Tasos, Stephen J. Walton in support of [58-1] motion for clarification of [55-1] memorandum order of May 20, 1999, filed. c/s (fmr) (Entered: 12/17/1999)

Dec. 16, 1999

Dec. 16, 1999

Judge Nathaniel M. Gorton. Endorsed Order entered granting [58-1] motion for clarification of [55-1] memorandum order of May 20, 1999. "Motion ALLOWED; it was and is the Court's intention that the Stipulated Claimants be reimbursed for attorneys fees incurred AND PAID but if the attorneys have not yet been paid for fees incurred then the attorneys should be paid directly from the Fund." [EOD Date 2/9/00] (cc/cl) (fmr) (Entered: 02/09/2000)

Feb. 8, 2000

Feb. 8, 2000

Mail sent to Margaret L. Shaw returned by Post Office because: unable to forward. (fmr) (Entered: 02/18/2000)

Feb. 18, 2000

Feb. 18, 2000

60

Joint motion by EEOC, Astra U.S.A., Inc. to extend time to April 27, 2001 to File an Appropriate Motion , filed. . (lr) (Entered: 04/13/2001)

April 13, 2001

April 13, 2001

Judge Nathaniel M. Gorton . Endorsed Order entered granting [60-1] joint motion to extend time to April 27, 2001 to File an Appropriate Motion. "Motion Allowed." cc/cl [EOD Date 4/19/01] (lr) (Entered: 04/19/2001)

April 19, 2001

April 19, 2001

62

Joint motion by EEOC, Astra U.S.A., Inc. to continue impoundment , filed, c/s. (lr) (Entered: 04/27/2001)

April 27, 2001

April 27, 2001

Judge Nathaniel M. Gorton . Endorsed Order entered granting [62-1] joint motion to continue impoundment. "Motion Allowed" cc/cl [EOD Date 5/1/01] (lr) (Entered: 05/01/2001)

May 1, 2001

May 1, 2001

Mail sent to Margaret L. Shaw. returned by Post Office because: Undeliveralble as Addressed. (lr) (Entered: 05/14/2001)

May 14, 2001

May 14, 2001

Terminated document: mooting [61-1] joint motion to extend time to April 27, 2001 to File Motion Regarding Further Custody of Sealed Material . (mqc) (Entered: 05/22/2001)

May 22, 2001

May 22, 2001

Case Details

State / Territory: Massachusetts

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Feb. 5, 1998

Closing Date: Aug. 24, 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Astra U.S.A., Inc. (Westborough, Massachusetts), Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 9850000

Order Duration: 1999 - 2001

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Follow recruitment, hiring, or promotion protocols

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Monitoring

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits